Hong Kong Regulations

BOUNDARY AND ELECTION COMMISSION (ELECTORAL PROCEDURE) (GEOGRAPHICAL CONSTITUENCIES) REGULATION - SECT 5

Notice of by-election where election is countermanded

Caution: This is a past version. See the current version here.

(1) If, at any election, after the expiry of the nomination period and before
the declaration of the result of the election as regards a particular
constituency, it is established to the satisfaction of the returning officer
that a validly nominated candidate for election in respect of that
constituency has died or has become disqualified from being elected, the
returning officer shall forthwith declare, by issuing a notice in the
specified form, that the election in respect of that constituency is
countermanded.

(2) The returning officer shall publish in the Gazette the notice referred to
in subsection (1) as soon as practicable after the declaration under that
subsection is made.

(3) Subject to sections 5H(2) and 24(2) of the Electoral Provisions  Ordinance
( Cap. 367), not later than 14 days beginning on the date of publication of a
notice under subsection (2), the returning officer shall publish in the
Gazette a notice, which shall contain as regards that constituency, the
particulars required to be contained, stated or specified in a notice
published under section 3(1).

(4) Section 3(3) and (4) shall apply in relation to a notice under subsection
(3) subject to necessary modifications.

(5) The date (which shall be stated in the notice under subsection

(3)) for holding a by-election pursuant to this section shall be appointed by
the Commission and shall not be later than 60 days from the date on which the
countermanded election was or would have been held. (L.N. 396 of 1994)
(Enacted 1994)